Sungjoon Cho
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195383614
- eISBN:
- 9780199855445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195383614.003.0017
- Subject:
- Law, Public International Law
This chapter explores practical strategies for promoting the international migration of workers under the WTO parameter, i.e., free movement of natural persons (Mode 4) of the GATS. It first ...
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This chapter explores practical strategies for promoting the international migration of workers under the WTO parameter, i.e., free movement of natural persons (Mode 4) of the GATS. It first identifies both benefits and costs of temporary migration while it highlights that those costs may be manageable. It then analyzes to what extent GATS Mode 4 could manifest development potential embedded in GATS. It observes that the “GATS visa” proposal could deliver this development potential in GATS and suggests that WTO Members should tackle three main challenges (temporariness, legal binding, and levels of commitments) to succeed in the GATS visa program. It argues that WTO Members should first gain confidence in the GATS visa system through voluntary experimentation on a limited scale before they negotiate on the expansion of the covered list or on any legally binding mechanism.Less
This chapter explores practical strategies for promoting the international migration of workers under the WTO parameter, i.e., free movement of natural persons (Mode 4) of the GATS. It first identifies both benefits and costs of temporary migration while it highlights that those costs may be manageable. It then analyzes to what extent GATS Mode 4 could manifest development potential embedded in GATS. It observes that the “GATS visa” proposal could deliver this development potential in GATS and suggests that WTO Members should tackle three main challenges (temporariness, legal binding, and levels of commitments) to succeed in the GATS visa program. It argues that WTO Members should first gain confidence in the GATS visa system through voluntary experimentation on a limited scale before they negotiate on the expansion of the covered list or on any legally binding mechanism.
Alexander Betts and Lucie Cerna
- Published in print:
- 2011
- Published Online:
- January 2011
- ISBN:
- 9780199600458
- eISBN:
- 9780191723544
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199600458.003.0003
- Subject:
- Political Science, Political Theory, International Relations and Politics
This chapter examines the global governance of high-skilled labour migration. Firstly, it argues that global governance in this area is predominantly characterized by unilateralism and bilateralism, ...
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This chapter examines the global governance of high-skilled labour migration. Firstly, it argues that global governance in this area is predominantly characterized by unilateralism and bilateralism, and that the institutional framework that exists at the multilateral level (in the form of the WTO's GATS Mode 4 and the Global Forum on Migration and Development) is a ‘facilitative’ form of multilateralism. Secondly, it explains the predominance of this level of governance by drawing upon global public goods theory to argue that, unlike many other areas of migration, the costs and benefits of high-skilled labour migration are largely confined to the sending state, the receiving state, and the migrant. Rather than being conceived as a global public good, the governance of high-skilled migration is likely to be a private good, implying that one would expect unilateralism and bilateralism rather than multilateralism. Thirdly, it argues that, on a normative level, an efficiency case cannot be used to support binding multilateralism but might support the development of facilitative multilateralism to improve bilateral partnerships.Less
This chapter examines the global governance of high-skilled labour migration. Firstly, it argues that global governance in this area is predominantly characterized by unilateralism and bilateralism, and that the institutional framework that exists at the multilateral level (in the form of the WTO's GATS Mode 4 and the Global Forum on Migration and Development) is a ‘facilitative’ form of multilateralism. Secondly, it explains the predominance of this level of governance by drawing upon global public goods theory to argue that, unlike many other areas of migration, the costs and benefits of high-skilled labour migration are largely confined to the sending state, the receiving state, and the migrant. Rather than being conceived as a global public good, the governance of high-skilled migration is likely to be a private good, implying that one would expect unilateralism and bilateralism rather than multilateralism. Thirdly, it argues that, on a normative level, an efficiency case cannot be used to support binding multilateralism but might support the development of facilitative multilateralism to improve bilateral partnerships.
